Court of Appeal of New Zealand

The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges seconded for that purpose. In the main, criminal appeals will be allocated to a Divisional Court unless the President otherwise directs. This recognises the insights which judges with current trial experience bring to criminal appeals. Counsel for the appellant or respondent may request a direction that a particular appeal be instead allocated to a Permanent Court or a Full Court. Longer civil appeals or areas that raise legal issues of public significance will usually be allocated to a Permanent Court. Appeals from decisions of associate judges of the High Court and shorter civil appeals that raise mainly factual issues, usually will be allocated to a Divisional Court unless the President otherwise directs. Again counsel for the appellant or respondent may request a direction that a particular appeal be allocated to a Divisional Court, a Permanent Court, or a Full Court. The President will also determine whether an appeal (criminal or civil) is of sufficient significance to warrant the consideration of a Full Court of five members. The President will, where appropriate, consult with other permanent judges.